Chapter 9: Health, Garbage, Water/Sewer Payments

Sec. 9-1. - 9-15. Reserved

Sec. 9-16. Board of Health Created; Composition; Appointment of Members

There is hereby created the Board of health for the Village which shall consist of three (3) members to be
appointed by the Village President.

State law reference - Authority of Village to establish a Board of health, to appoint the members thereof and to
prescribe its powers and duties, Ill. Rev. Stat. Ch. 24, 11-16-1.

Sec. 9-17. General Powers and Duties of Board of Health

a. The Board of health shall make all necessary rules and regulations for the protection of the health of
the Village.

b. It shall be the duty of the Board of health to enforce all of the provisions of this Code and other
ordinances which regulate to public health or nuisances.

c. The Board of health shall have the powers and perform the duties assigned to it by statute, this Code
or other ordinance of the Village.

Sec. 9-18. Violation of Orders of Board of Health; Destroying Notices

It shall be unlawful for any person to violate or refuse to obey any order of the Board of health or destroy,

mutilate or conceal any notice posted by or under the authority of the Board of health.

Sec. 9-19. - 9-23. Reserved

Sec. 9-24. Office Created; Appointment

There is hereby created the office of health officer who shall be appointed by the Village President and
Board of trustees.

Sec. 9-25. Duty to Act as Enforcement Officer for Board of Health

The health officer shall be an enforcement officer for the Board of health, and shall see to the enforcement
of all rules of the Board of health.

Sec. 9-26. Duty to Give Information and Advice to Board of Health and Perform Assigned Duties

The Health Officer shall give to the Board of Health information and advice concerning health within the
Village, and shall perform such other duties as may be assigned to him by the Board of health.

Sec. 9-27. - 9-36. Reserved

Sec. 9-37. Separate containers required for garbage and refuse

It shall be the duty of every owner or occupant of any building in the Village where people reside, board or
lodge, or where animal or vegetable food is prepared or served to at all times maintain in good order and
repair, a separate can for garbage, and a separate receptacle for tin cans, bottles, ashes and similar refuse. It
shall be the duty of every such occupant to deposit nothing but garbage in the can provided for the same, and
nothing but tin cans, bottles, ashes and similar refuse in the receptacles provided for the same.

State law reference - Disposal of garbage, refuse and ashes by municipalities, Ill. Rev. Stat. Ch. 24, 11-19-1 et
seq.

Sec. 9-38. Unlawful Deposits of Garbage and Refuse Prohibited; Declared a Nuisance

It shall be unlawful for any person to deposit anywhere in the Village any refuse, garbage, offal or
carcasses of dead animals except in containers approved by this article or in properly constructed incinerators.
Any uncovered piles of refuse are hereby declared to be a nuisance.

Sec. 9-39. Specifications of Containers

a. Garbage containers shall be watertight, and made of metal or plastic with a close -fitting cover and
suitable handles with a capacity of not less than five (5) nor more than twenty (20) gallons.

b. Receptacles for ashes, tin cans, bottles and similar refuse shall be either of metal, plastic, wood or
cement, and shall have a capacity of not less than ten (10) gallons. No hot ashes shall be placed in a
wooden or plastic receptacle.

Sec. 9-40. Garbage to be Covered

All garbage cans shall at all times be kept covered, except while being put into or being emptied from
approved containers.

Sec. 9-41. Rates For Refuse Collection

a. The Village of Durand shall render a charge for each household for the collection of refuse materials
(garbage) an amount determined at the time of, and in accordance with, the Village's refuse contract,
with the refuse contractor as it exists from time to time.

b. In the event that any household fails or refuses to pay the refuse collection services fee and those fees
remain unpaid the Village may institute the collection and shutoff procedures heretofore enacted into
ordinances and presently published as part of the Municipal Code of the Village of Durand, Illinois in
Sections 18-52, 18-53 and 18-54, said ordinance provisions being incorporated herein by reference as
though set forth herein full and with the same force and effect. (Ord. 2013-1; 3/25/13)

c. That this Ordinance shall be in full force and effect from and after its passage, approval and
publication in pamphlet form and provided by law.

Sec. 9-42. Municipal Services Fee Established

a. There is hereby established a municipal services fee for all properties receiving water service and/or
sewer service and/or households subject to a charge for the collection of refuse material. The
municipal services fee shall have two (2) components. The water /sewer component of the municipal
services fee shall be that water and/or sewer service charges established under section 18 -50 of the
Municipal Code of the Village of Durand, Illinois as heretofore or hereafter amended. The refuse
service collection component of the municipal services fee shall be those refuse collection charges
established under section 9 -41 of the Municipal Code of the Village of Durand, Illinois as heretofore
or hereafter amended. (Ord. 2010-8; 8/23/10)

b. The municipal services fee shall be billed to the owner of the property which is receiving water/sewer
and/or refuse collection services, at the address shown on the latest available real property tax bill.
The owner of the said property shall be liable for and responsible for the payment of the municipal
services fees. (Ord. 2013-1; 3/25/13)

c. All municipal services fee shall be billed monthly and shall include the water , sewer and refuse
collection charges for the preceding month. (Ord. 2013-1; 3/25/13)

Sec. 9-43. Payment of Bills; Delinquencies; Termination of Services

a. All municipal services fees shall be due and payable on the last day of the month. All bills not paid in
full by the first day of the following month shall be declared delinquent and a penalty of Five ($5.00)
Dollars shall be added thereto. An additional Five ($5.00) Dollar penalty shall be added each month
thereafter on all bills that continue to be delinquent so long as service was provided during any portion
of the previous month. Partial payments shall first be credited against the water/sewer component of
the municipal services fee, then against the refuse component of the municipal services fee, then
against any penalties. (Ord. 2013-1; 3/25/13)

b. In the event that a municipal services fee (and/or penalties) becomes delinquent for more than 70 days
the Village shall send a written notice to the property owner at the last known address that services
will be terminated if all outstanding charges are not paid within 10 days.. (Ord. 2013-1; 3/25/13)

c. A lien of any delinquency in the water services component of the municipal services fee may be filed
and enforced pursuant to chapter 18 of the Municipal Code of the Village of Durand, Illinois.

d. There is hereby imposed a fee of t hirty dollars ($30.00) each time a check payable to the Village for
payment of the municipal services fee or any water charge or fee established under Chapter 9 of the
Municipal Code of the Village of Durand, Illinois is returned to the Village due to insufficient funds,
stopped payment or closed account.

Sec. 9-44. Definitions

For the purpose of this Chapter the following definitions shall apply:

1. Recyclables and Recyclable Items shall mean any items made out of or containing glass, aluminum,
paper, cardboard, plastic, tin or other metal capable of being recycled.

2. Contractor shall mean the person or company under contract with the Village of Durand or a person
or company hired or authorized by a particular household to pick up recyclables for recycling.

Sec. 9-45. Pilfering, Disturbing or Removing of Recyclable Items Prohibited

It shall be unlawful for any person other than a contractor or other person authorized by the Village of
Durand to pick up recyclable items for recycling or the resident or member of the household having placed
recyclable items at or near curbside for pickup, to pilfer, disturb, or remove any recyclable item or items that
have been set on or near curbside for pickup for recycling. (Ord. 2006-5; 7/10/06)

1Cross references - Health certificate required for employees of retail liquor establishments, 4 -47; sanitation
requirements for retail liquor establishments, 4-66; animals and fowl, 6-1 et seq.

State law references - Health powers of Village generally, Ill. Rev. Stat. Ch. 24, 11 -1-1 et seq.; authority of
Village to promulgate health regulations, Ill. Rev. Stat. Ch. 24, 11-20-5.
2Cross reference - Outside burning generally, 8-16.

Sec. 9-46. Public Nuisance Declared

It shall be unlawful and it is hereby declared to be a public nuisance for any person to place on private
property, or to allow to remain on private property, any of the following: (Ord. 2006-5; 7/10/06)

a. Any substances which emit or cause foul, obnoxious, unhealthful, putrid, noisome or disagreeable
odor or effluvia, and which are objectionable or offensive to any person or persons residing near the
same or to any person passing along any street, sidewalk or alley near the same; (Ord. 2006-5;
7/10/06)

b. The carcass of any animal remaining exposed for twelve hours or more after death; (Ord. 2006-5;
7/10/06)

c. Any article or thing whatsoever, caused, kept, maintained or permitted by any person to the injury,
inconvenience, danger, detriment or annoyance of the public health, safety or welfare; (Ord. 2006-5;
7/10/06)

d. Any tree, shrub or other vegetation infected with fungus or other disease that will or might spread to
other non-infected trees, shrubs, or other vegetation; (Ord. 2006-5; 7/10/06)

e. Any building or structure, the condition of which, through neglect or otherwise, has caused the
building to become dangerous or detrimental to the public health, safety or welfare of the inhabitants
of the Village; (Ord. 2006-5; 7/10/06)

f. The storage, placing, keeping or leaving of building materials, appliances, furniture, machinery,
equipment, or other similar personal property or fixtures, garbage, refuse or debris outside of a
dwelling or accessory building on residential property so as to impair the residential character and/or
property value of the surrounding lots or neighborhood. This definition shall not apply to building
materials, machinery or equipment on residential property when, and only when, an active and valid
building permit has been issued and remains in effect for that residential property. (Ord. 2006-5;
7/10/06)

g. The storage, placing, keeping or leaving of garbage, refuse or debris outside of a building or accessory
building on commercial property so as to impair the character and/or property value of the
surrounding lots or commercial businesses. (Ord. 2006-5; 7/10/06) (Ord. 2006-10; 9/25/06)
(removed “G”) (Ord. 2009-1; 1/26/09) (replaced “G”)

Sec. 9-47. Notice to Abate

A. Service by Durand Police Department.

Whenever the Board of Trustees or an officer of the Durand Police Department finds that a
nuisance exists, he, she or they shall cause to be served upon the land owner and on any other person
residing on or being in possession of the land on which the nuisance exists, a written notice to abate
the nuisance within a specified reasonable time after notice. If, after diligent inquiry, the owner of the
land or the person in possession of the land on which the nuisance exists cannot be established or
located, service of the notice to abate the nuisance on said person or persons may be obtained by
publishing the notice one time in a newspaper of general circulation within the village or, if none is

available, in a newspaper of general circulation within the County of Winnebago and State of Illinois.
(Ord. 2009-1; 1/26/09)

B. Contents of Notice to Abate.

The notice to abate shall contain:

1. A description of what constitutes the nuisance;

2. The location of the nuisance;

3. An order to abate the nuisance and a statement of the act or acts necessary to abate it;

4. A specified time within which to complete the abatement.

5. Notification that the owner or occupier of the land on which the nuisance exists may
request a hearing to determine if a nuisance does exist and/or may make one request
for a reasonable extension of time to abate the nuisance by submitting the request in
writing to the Village Board of Trustees within seven (7) days after service or
publication of the said notice. A timely request for a hearing or extension of time
stays the enforcement of the ordinance pending the hearing and a decision by the
Board of Trustees. (Ord. 2006-5; 7/10/06) (Ord. 2009-1; 1/26/09)

Sec. 9-48. Inspection of premises

The Chief of Police or designee is authorized to enter and remain upon private property to the extent
reasonably necessary for the purpose of locating, identifying, and documenting any nuisances as defined in this
Code, or for the purpose of investigating allegations of such nuisances, or for the purpose of abating such
nuisances. (Ord. 2006-5; 7/10/06)

Sec. 9-49. Abatement remedy

The Chief of Police or designee shall have the authority to fashion any reasonable remedy for purposes of
abating and correcting a nuisance and to provide any reasonable time frame for accomplishing the abatement
and correction of the nuisance. Said remedy and time frame shall be set forth in the Notice to Abate as
provided in Section 9-47 of this Code. (Ord. 2006-5; 7/10/06)

Sec. 9-50. Village to remove when

If a person fails, refuses or neglects to abate a nuisance within the time allowed, after having been served a
notice to abate such nuisance, the Durand Police Department shall apply for and obtain a warrant approved by
a judge or magistrate authorizing the Durand Police Department to go upon the land and cause such nuisance
to be abated. If the Durand Police Department thus abates the said nuisance or thus causes the said nuisance to
be abated, the Village shall charge and shall collect from the owner of the land on which the nuisance existed,
a reasonable cost for the abatement thereof. Such action shall not provide a defense for failure to comply with
this Chapter. (Ord. 2009-1; 1/26/09)

Sec. 9-51. Abatement costs shall be a lien on property

The said cost for the abatement of a nuisance shall be a lien upon the real estate affected, superior to all
subsequent liens and encumbrances, except tax liens. If reimbursement of the said cost is not received by the
Village within sixty days after such cost is incurred by the Village, or the person performing the service by
authority of the Village, Village may file a notice of lien in the office of the Recorder of Deeds in Winnebago
County. The notice shall consist of a sworn statement setting out:

a. A description of the real estate sufficient for identification thereof;

b. The amount of money representing the cost incurred or payable for the service; and

c. The date or dates when the nuisance was abated and the cost assessed by the Village. (Ord. 2006-5;
7/10/06) (Ord. 2009-1; 1/26/09)

Sec. 9-52. Payment; Foreclosure; Enforcement

Upon payment of the lien by or on behalf of the owner of or persons interested in such property after
notice of lien has been filed, the lien shall be released by the Village and the release may be filed of record in
the office of the Recorder of Deeds of Winnebago County. At any time after the filing of a notice of lien, the
Village may proceed to foreclose such lien in like manner and with like effect as provided by the statutes of the
State of Illinois in foreclosure of mortgages on real estate. Any decree rendered in the court may be enforced
and collected as other decrees or judgments in the same court. (Ord. 2006-5; 7/10/06) (Ord. 2009-1; 1/26/09)

¹Cross references - Health certificate required for employees of retail liquor establishments, 4-47; sanitation
requirements for retail liquor establishments, 4-66; animals and fowl, 6-1 et seq. State law references -
Health powers of Village generally, Ill. Rev. State. Ch. 24, 11-1-1 et seq.; authority of Village to promulgate
health regulations, Ill. Rev. Stat. Ch.24, 11-20-5.

²Cross reference - Outside burning generally, 8-16.